Patterson v. Hochster
Appellate Division of the Supreme Court of the State of New York
" Appeal by the plaintiff, Bridget Patterson, as administratrix, etc.,, of Mary Flannery, deceased, from a judgment of the Supreme-Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 16th day of April, 1898, upon the dismissal of her complaint by direction of the court after a trial at the New York Trial Term. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Cullen, J. :
This action was brought to recover damages for the death of the-plaintiff’s intestate, resulting from an injury which is alleged to have been caused by her falling into a coal hole in the sidewalk in front of the defendant’s premises. The complaint charges that the defendant maintained the coal hole open and not securely covered, and that, in consequence thereof, the plaintiff’s intestate, without any fault on. her part, fell into the same. The defendant answered admitting-the ownership of the premises, and of the coal chute in front of the-same, but denied that the coal hole was…
2Cases cited3 opinions
- The BaltimoreSupreme Court of the United States · 1869
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
3Cited by9 opinions
- People v. . Del VermoNew York Court of Appeals · 1908
- People v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1980
- Scheir v. QuirinAppellate Division of the Supreme Court of the State of New York · 1902
- Svendsen v. Frank McWilliams, Inc.Appellate Division of the Supreme Court of the State of New York · 1913
- Huebner v. HammondAppellate Division of the Supreme Court of the State of New York · 1903
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